Law firm fails in bid to overturn Andy Mothibi's appointment as NDPP

Andy Mothibi remains the country's top prosecutor after a Cape Town-based law firm's bid to overturn his appointment fell through.

B Xulu and Partners Incorporated approached the Gauteng High Court, arguing that the advisory panel appointed to select candidates was unconstitutional.

Mothibi, appointed by President Cyril Ramaphosa in January, was not among those interviewed for the position.

The panel found all six shortlisted candidates unsuitable.

The court has dismissed the application, ruling that the firm's argument lacked legal standing.

It also affirmed that Ramaphosa has the authority to appoint any candidate he deems suitable

B Xulu and Partners Incorporated argued that after an advisory panel failed to recommend a candidate, the president had three options: to end the panel process and find another way to decide, extend the former National Director of Public Prosecutions (NDPP)’s term or call for new nominations.

But the court rejected this, calling the options speculative.

It said the president had already made it clear, both publicly and through the State attorney that the panel’s work was finished.

In its judgment, the court found the president’s attempt to seek the panel’s advice had effectively failed.

It also dismissed the firm’s claim that Ramaphosa was required to appoint a new advisory panel before selecting Shamila Batohi’s successor.

The court said the Constitution allows the president to govern without unnecessary procedural delays, adding that he was not obliged to use another panel.

It noted that time was running out, with the incumbent's term ending in January.

The court said Mothibi's appointment, whose qualifications are not in dispute, points to a rational decision.

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Article by Nkosikhona Malinga-Mnisi.